1. Necessary Check Points or Immovable Roadblocks
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Oliver Windridge
Independent news, comment and debate on the African Court on Human and Peoples’ Rights
@acthpr_monitor

2. Protection: The African Charter
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Protection: The African Charter
Venue: African Commission & African Court
Accessing the African Court: (i) Protocol (iii) Additional Declaration (iii) Another Way? (iv) Other Ways to Expand Jurisdiction
Conclusion

3. Necessary Check Points or Immovable Roadblocks
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
The African Charter on Human and Peoples’ Rights
At present all 54 AU member states have ratified the African Charter on Human and Peoples’ Rights.
This means these member states are under an obligation to ensure their citizens, including “peoples” rights under the Charter are upheld.

4. Necessary Check Points or Immovable Roadblocks
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Right to Freedom from Discrimination (Article 2)
Right to Life (Article 4)
Prohibition of Torture and Cruel, Inhuman and Degrading Treatment (Article 5)
Right to Fair Trial (Article 7)
Freedom of Expression (Article 9)
The African Charter contains many of the rights similar to those found in other regional human rights instruments

5. Necessary Check Points or Immovable Roadblocks
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
the right of all Peoples to Equality (Article 19)
Right to Self-Determination (Article 20)
Right to Free Disposal of Wealth and Natural Resources (Article 21)
Right to Economic, Social and Cultural Development (Article 22),
Right to a General Satisfactory Environment (Article 24)
The African Charter also contains “peoples” rights, these include…

6. Necessary Check Points or Immovable Roadblocks
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Ratification of the African Charter

7. Necessary Check Points or Immovable Roadblocks
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Venues for alleging violations of the African Charter
If there is a violation of the African Charter, where can individuals, or peoples’ go? Two options available at the continental level- the African Commission and African Court on Human and Peoples’ Rights
African Commission on Human and Peoples’ Rights
African Court on Human and Peoples’ Rights

8. Power to make provisional measures Can only make recommendations
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
African Commission
Jurisdiction over all AU members states who have ratified African Charter
Power to make provisional measures
Can only make recommendations
The Commission has jurisdiction over every AU member state since the creation of the Commission is baked into the African Charter itself

9. African Court Created after African Commission
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
African Court
Created after African Commission
Can also issue provisional measures
Power to award reparations
Judgments on merits can include orders for compliance

10. Court composed of 11 judges Court sits in Arusha, Tanzania
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
African Court
Court composed of 11 judges
Court sits in Arusha, Tanzania
Currently, applicants enjoyed a 100% success rate in cases decided on the merits

11. How do we access the African Court?
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
How do we access the African Court?
How do we get in the door?

12. African Charter on Human Rights
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Accessing the African Court
African Charter on Human Rights
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (Protocol)

13. Necessary Check Points or Immovable Roadblocks
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
The Protocol

14. African Intergovernmental Organizations
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Ratification of Protocol allows the African Court to consider cases from
The Commission
Member states
African Intergovernmental Organizations

15. Necessary Check Points or Immovable Roadblocks
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Ratification of the Protocol
Currently 30 member states have signed the PROTOCOL

16. Necessary Check Points or Immovable Roadblocks
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Signing the Protocol does not allow individuals and NGOs direct access to the African Court

17. Necessary Check Points or Immovable Roadblocks
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
African Charter on Human Rights
Access for individuals and NGOs
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (Protocol)
Additional Declaration pursuant to Article 34(6) of the Protocol

18. Necessary Check Points or Immovable Roadblocks
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Additional Declaratio n under Article 34(6) of the Protocol

19. Necessary Check Points or Immovable Roadblocks
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Article 34(6) states:
“At the time of ratification of this Protocol or any time thereafter, the State shall make a declaration accepting the competence of the Court […]The Court shall not receive any petition under Article 5(3) involving a State Party which has not made such a declartion”

20. Access for Individuals and NGOs Requires…
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Access for Individuals and NGOs Requires…

21. Necessary Check Points or Immovable Roadblocks
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Signature of the Additional Declaration

22. Necessary Check Points or Immovable Roadblocks
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Additional Declaration
African Charter
Protocol

23. Femi Falana v African Union (2012) Atemnkeng v African Union (2013)
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Challenges
Femi Falana v African Union (2012)
Atemnkeng v African Union (2013)
Democratic Party v. EAC, Uganda, Kenya, Rwanda and Burundi (East African Court of Justice)

24. Necessary Check Points or Immovable Roadblocks
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Another Way?
With the number of member states signing the Additional Declaration so low, and the African Court having seemingly stopped the challenges to it, one option is for

25. Signing the Protocol allows the Court to consider cases from
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Another Way?
Signing the Protocol allows the Court to consider cases from
African Commission
Other member states
Intergovernmental Organizations
This is interesting. Whilst member states, or other member states may be unwilling to report on themselves, the African Commission does have powers to send over cases.

26. Necessary Check Points or Immovable Roadblocks
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Another Way?

27. “serious or massive violations of human rights”
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Another Way?
“serious or massive violations of human rights”
Commission v Libya
Commission v Kenya

28. Other Ways of Expanding Jurisdiction
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Other Ways of Expanding Jurisdiction
National Human Rights Institutions
African Court engagement
Lawyers and academics

29. Necessary Check Points or Immovable Roadblocks
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Conclusion
The African Charter is an extensive human rights instrument with continent-wide acceptance
The African Court works alongside the African Commission
Access begins with the African Court Protocol, but ratification only gives the African Court jurisdiction over member states, Intergovernmental Organizations and the African Commission
For Individuals and NGOs to access the African Court, an additional declaration must be signed
Currently only 7 AU member states (out of 55) allow individuals and NGOs direct access to the African Court
A Third Way emerging?
Engagement from NHRIs, African Court and others

30. www.acthprmonitor.org @acthpr_monitor
Necessary Check Points or Immovable Roadblocks? Accessing the African Court on Human and Peoples’ Rights
Join the journey…
Independent news, comment and debate on the African Court on Human and Peoples’ Rights
@acthpr_monitor